ARTICLE VI – CARE OF PLOTS
1 Perpetual Care: This fund is an irrevocable trust from which deposits can not be withdrawn, and the income from said fund shall be used by the Cemetery for the maintenance, repair and care of the Cemetery.
2 Perpetual Care To Include: Perpetual Care as used in reference to plots, shall be held to mean the cutting of the grass upon said plots at reasonable intervals, the making and cleaning of the plots, the pruning of the shrubs and trees that may be placed by the Cemetery; meaning and intending the general preservation of the plots, and the grounds, walks, roadways, boundaries, and structures, to the end that said grounds shall remain and be reasonably cared for as Cemetery grounds forever. Perpetual care shall include watering, re-sodding, seeding, filling in sunken graves, or sodding over the surface of graves to lot level.
3 Perpetual Care Not to Include: The term “perpetual care,” unless otherwise provided in the agreement, shall in no case be construed as meaning the maintenance, repair or replacement of any memorial, tomb or mausoleum place, erected upon lots; nor the doing of any special or unusual work in the Cemetery, including work caused by impoverishment of the soil; nor does it mean the reconstruction of any stone, bronze or concrete work on any section or plot, or any portion or portions thereof in the Cemetery, necessitated by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided. Perpetual Care shall not include the watering of flowers or plants or the trimming of shrubs if planted by the lot Owner.
4 Funds Held In Trust: The money received for perpetual care shall be held in trust and invested as provided by law.
5 Limitation on Use of Funds: Perpetual care, whether applied to lots, graves, mausoleums or to anything within the confines of the Cemetery, shall be limited absolutely to the income received from the investment of the perpetual care fund, no part of the principal shall be expended.
6 Deposited in General Fund: It is understood and agreed between the Owner and the Cemetery that all of said funds may be deposited with other of like character and intent to the end that the income from such accumulated general fund shall be used in the general improvement and perpetual care as above defined; but in no case shall their deposit be construed as a contract to care for any individual property or space other than as above defined, except special care agreements duly executed and on file at the Cemetery office.
7 Discretionary Use of Fund: The income from the perpetual care fund shall be expended by the Cemetery in such manner as will, in its judgment, be most advantageous to the lot Owners as a whole, and in accordance with the purposes and provisions of the laws of the State applicable to the expenditure of such funds. The Cemetery is hereby given the full power and authority to determine upon what property, for what purpose and in what manner the income from said fund shall be expended, and it shall expend said income in such a manner as it in its sole judgment, may deem advisable for the care, reconstruction, repair and maintenance of all or any portion of the Cemetery grounds or for any purpose necessary in the execution of its duties.
8 Amount Deposited: The amount of said perpetual care funds to be collected from the purchasers of Cemetery ground plots shall be such sum as is required by Statute and as may be determined by the Cemetery.
9 Perpetual Care Records: The record books of the Cemetery shall show the amount of perpetual care fund that has been required of the individual and set aside in each case.
10 Repossession of Lots: Whenever any Owner of any burial space, whether or not converted to perpetual care, shall have failed or neglected to make payments on their account, the rights and interests of said Owner are terminated and forfeited and whatever procedure is required under the laws of the State of Kentucky shall be taken to authorize the resale of said lots.
11 Special Care on Lots: Lot Owners who desire special attention for their lot, such as special care for flowers, trees and shrubs, by endowment with the Cemetery can make arrangements for such special care.
12 Spring Pick Up: Prior and in preparation to the beginning of mowing season the Cemetery will be cleared of all flowers, artificial or natural, and decorations on the ground, on or about March 1st, each year. Any person wishing to retain their decorations, plants, flowers or pots shall remove them prior to that date.